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My opinion is that the officer fired the gun need to be kicked off the force. Charged or not may depend on more details of the circumstance.
It was a bike theft report, not gang or violent crime. It was absurd to see officers pulled guns out to check on bike theft. And they got the wrong guys.
On top of that, there were no signs these guys were aggressive or hinted any aggressions. The only thing the guy did to prompt the shooting was letting his arms down a few times. If I injured my arm and couldn't raise them for a long time I could get shot by police?
Police officers need to be trained more on how to interact with people, how to read people's behavior, especially people not from the same cultural background. If police simply applies the law literally and take any small thing as a reason to shoot, we may as well just go for RoboCops.
BTW, I don't hate cops. I support the officer in the Brown case and even give the cops the benefit of doubt to the choking death case. But this makes me sick.